FMCSR 172.324: Non-Bulk Hazmat Not Marked—Q&A

No. Across our 13 million inspection records, code 172.324 has a 0.0% out-of-service rate—meaning none of the 11 citations issued for this violation since our tracking began resulted in immediate removal from service. While 172.324 is not OOS-eligible under FMCSA rules, the broader hazmat compliance issue it flags (unmarked non-bulk hazardous substances) often appears alongside other defects. You'll stay operational, but address the root cause immediately.

172.324 ranks #2167 out of 3,036 FMCSR codes by citation frequency—making it uncommon. However, compare it to peer violations in the Hazardous Materials category: placarding failures like 177.817(a) carry a 75.1% OOS rate, and general loading/unloading hazmat violations hit 97.9% OOS rates. Your citation is low-volume and not automatically out-of-service, but it reflects a pattern area (hazmat marking and documentation) where peers face severe enforcement. Fix the underlying hazmat compliance gap to avoid escalation.

Take these steps immediately:

1. Review shipping papers: Inspections showing 172.324 frequently co-occur with missing or inadequate hazmat shipping papers (172.200A) and incomplete descriptions (172.202B).
2. Verify labeling: Check that all non-bulk hazardous substance packages display required markings and labels.
3. Inspect placard condition: Our data shows co-citations of deteriorated placards (177.817E) and improper placard positioning (172.516C5).
4. Document compliance: Photograph corrected packaging and labeling; keep records for your defense if you contest the citation.
5. Report to your carrier: Flag the violation to fleet management immediately.

Over the last 180 days, our inspection database shows 172.324 citations concentrated in two states: Texas (3 citations, 0.0% OOS rate) and Illinois (1 citation, 0.0% OOS rate). Texas accounts for 75% of recent enforcement activity for this code. If you operate in Texas, heighten hazmat compliance checks during pre-trip inspections and shipper handoff.

Citing frequency is low and inconsistent. Over the last 12 months, we tracked only 5 citations total for 172.324 nationwide. In the last 90 days, that dropped to 3 citations. Monthly data shows no sustained trend—citations appear sporadic (1 in July 2025, 1 in November 2025, 2 in February 2026, 1 in March 2026). While rare, the pattern suggests enforcement occurs when inspectors detect marking deficiencies during routine hazmat cargo checks rather than systematic sweeps.

When 172.324 appears in an inspection, hazmat documentation and equipment defects cluster together. Our data from the last 90 days shows:

• Shipping paper violations (172.200A, 172.202B)
• Placard/marking failures (172.403G, 172.516C5, 177.817E)
• Vehicle equipment issues (393.45B2UV, 393.83G)
• Missing safety equipment (393.95A, 393.83G)
• Licensing violations (383.23A2)

This pattern signals that 172.324 often appears during comprehensive cargo audits. One citation should trigger a full hazmat and vehicle safety review, not just fixing the marked package.

Yes, you can contest through the DataQS system if you believe the citation is factually or procedurally inaccurate. DataQS allows drivers and carriers to challenge roadside inspection records within specific time windows. For 172.324, your contest should focus on whether the inspector correctly identified the substance as non-bulk and whether it was actually unmarked (documentation-based defense) or on vehicle condition/labeling photographic evidence. Keep your response factual and evidence-heavy; generic disputes are rejected.

Non-bulk hazardous substances must display proper markings on packaging. The regulation requires that containers, boxes, and packages holding hazardous materials (that don't meet the bulk definition) show required class labels, shipping names, and identification numbers in the correct format and location. A 172.324 citation means an inspector found hazmat cargo lacking these marks during inspection. The solution: verify that all hazmat shipments are properly labeled before accepting them, and conduct pre-trip checks of your load for missing or illegible markings.